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HomeMy WebLinkAboutFixing the Schedule of Rates and Charges to be Collected by the City of South Bend from the Owners of Property - Sewage Disposal WorksORDINANCE No. 3964 Passed by the Common Council of the City of South Bend, Indiana ~ - FFBRIIARY dTA� zg,�4— Attest:. n; Presented by me to the Mayor of the City of South Bend, Indiana FEBRUARY 25TH. zy4 Clerk of Common Council Clerk Approved and signed by me FEBRUARY 26TH, I4 n ORDINANCE NO. 3964 AN ORDINANCE FIXING THE SCHEDULE OF RATES AND CHARGES TO BE COLLECTED BY THE CITY OF SOUTH BEND FROM THE OWNERS OF PROPERTY SERVED BY THE SEWAGE DISPOSAL WOpM OF SAID CITY, AND OTHER MATTERS CONNECTED THEREWITH. WHEREAS, the City of South Bend has heretofore constructed and has in operation, a sewer system for the purpose of collect- ing sewage and conveying the same away from the e pr where produced; and WHEREAS, the City has heretofore authorized the construction, maintenance and operation of works for the treatment and disposal of sewage, under the provisions of Chapter 61 of the Acts of the General Assembly of the State of Indiana for the year 1932, and the acts amendatory thereof and supplemental thereto; and WHEREAS, the cost of such works and the amount of revenue bonds to finance the same has been determined, and the construc- tion of said works is about to begin; and WHEREAS, said Chapter 61 of the Acts of 1932 and the acts amendatory thereof and supplemental thereto, requires that the rates and charges to be collected for the use of and the service rendered by such sewage disposal works be fixed by ordinance, finally adopted after due notice and public hearing, and author- izes the collection of rates and charges when the construction of such works has been commenced; now therefore BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, that on 1. For the use of and the service rendered by Section e s _ - _ said sewage disposal works, rates and charges shall be collected from the owners of each and every lot, parcel of real estate or building that is connected with the City's sanitary sewage system or otherwise discharges sanitary sewage, industrial wastes, water or o her liquids either directly or indirectly into the sanitary sewage system of the City of South Bend, which rates and charges shall be payable as hereinafter provided and shall be in an amount determinable as follows: (a) The sewage rates and charges shall be based on the quantity of water used on or in the property or premises subject to such rates and charges, as the same is measured by the water meter there in use, except as herein otherwise provided. Water meters will be read once each month (or period equaling one month) and sewage service bills shall be rendered once each month (or period equaling one month). At the option of the City, water meters may be read at intervals of once every two or three months and in such event the sewage service billings will be made monthly on the last previous meter reading, prorated on a monthly basis and adjusted as necessary in the month following each meter reading. (b) The water usage schedule on which the amount of said rates and charges shall be determined shall be as follows: Quantity of water used per month Rate per 100 cu, ft. per month First 500 cu.ft. .19 per 100 cu.ft. From 501 to 20000 cu.ft. .13 per 100 cu.ft. From 2,001 to 4,500 cu.ft. .11 per 100 cu.ft. From 4, 501 to 12:, 000 cu.ft. .09 per 100 cu.ft. From 12,001 to 30,000 cu.ft. .08 per 100 cu.ft. From '30,001 to 50,000 cu.ft. .07 per 100 cu.ft. From 50,001 to 100,000 cu.ft. .06 per 100 tuft. From 100,001 to 5003,000 tuft. .05 per 100 cu.ft. From 5009001 to 120000000 cu.ft. .04 per 100 cu.ft. Over 120000000 .03 per 100 tuft. The above rates and charges are in addition to water rates and charges and the minimum charge per month for each bill shall be 00.95.! (c) ,Sewage treatment service charges are to be billed at the above rates on the basis of the quantity of water used from the watersupply furnished by the municipal waterworks of the City of Sduth Bend, as indicated by the metered water consumption records, or in cases where there is no water meter or consumption 2 record, then the quantity of water used may be determined in such manner as the Board of Public Works and Safety may elect. (d) The quantity of water obtained from sources other than the municipal waterworks and discharged into the public sanitary sewer system, may be determined by the City in such manner as the Board of Public Works and Safety shall elect, and the sewage treatment service may be billed at the above rates. (e) Such rates and charges shall be applied to the water consumption billed after this ordinance shall have been placed in effect except as herein otherwise provided. In order that there be no sewage service charge to residential water consumers for water used in lawn sprinkling, the sewage service bill for each of the months of May, June, July, August, September and October shall be an amount equal-to the average of the sewage service.., . billings of the preceding-months of November, December, January, February,_ March and April._ Averages resulting in fractions of One Hundred (100) cubic feet shall be raised to the next whole number of One Hundred (100) cubic feet.in computing the billing for the-said months of May, June,, July,. August, September and October. At the option of the City the charge..for. the month of May may be equal to the charge of the preceding November, June equal to the preceding December, July equal to the preceding Janu- ary, August equal to the preceding February, September equal to the preceding'March, and October equal to the preceding April, making the aggregate charges for May, June, July, August, September and October equal to the aggregate charges for the preceding November, December, January, February, March and April. Residential users of water billed for sewage service for the first time in the months of May, June, July, August, September and October shall be billed the minimum charge. Provided, however, nothing herein contained shall prevent the owner or occupant of any residential premise from electing to pay for sewage service on the basis of water used in every month, in the manner herein provided, if such owner or occupant makes application in writing to pay on this basis and 3 agrees to pay on said basis for at least one (1) year from the date of the next billing following the date of application. (f) In the event a lot, parcel of real estate or building discharging sanitary sewage, industrial wastes, water or other liquids into the City's sanitary sewage system, either directly or indirectly, is not a user of water supplied by the City's Water Works, and the water used thereon or therein is not measured by a water meter, or is measured by a water meter not acceptable to the City, then the amount of water used shall be otherwise measured or determined by the City, in order to ascertain the rate of charge provided in this Ordinance, or the owner or other interested party, at his expense, may install and maintain a meter acceptable to the City for said purpose. (g) In the event a lot, parcel of real estate or building discharging sanitary sewage, industrial wastes, water or other liquids into the City's sanitary sewage system, either directly or indirectly, is a user of water supplied by the City's Water Works, and in addition, uses water from another source which is not measured by a water meter or is measured by a water meter not acceptable to the City, then the amount of water used shall be otherwise measured or determined by the City in order to ascer- tain the rate or charge provided in this Ordinance, or the owner or other interested party, at his expense, may install and main- tain a meter or meters acceptable to the City for said purpose. (h) In the event a lot, parcel of real estate or building discharging sanitary sewage, industrial wastes, water or other liquids into the City's sanitary sewage system, either directly or indirectly, uses water in excess of two thousand (2,000) cubic I feet per month, and it can be shown, to the satisfaction of the City, that a portion of the water as measured by the water meter or meters does not and cannot enter the sanitary sewage system, then the City may determine in such manner and by such method as it may deem practicable the percentage of metered water entering 4 the sanitary sewage system. Such percentage, when so determined, shall then constitute the basis of sewage service charges, pro- vided, however, that the City in its discretion may require or permit the installation of additional meters at the expense of the owner or other interested party in such a manner as to deter- mine the quantity of water actually entering the sewage system, in which case the quantity of water used to determine the sewage service charge shall be the quantity of water actually entering the sanitary sewage system as so.determined. (i) In order that the rates and charges may be justly and equitably adjusted to the service rendered, the City shall have the right to base its charges not only on volume but also on the strength and character of the sewage and wastes which it is re- quired to treat and dispose of. The City shall have the right to measure and determine the strength and content of all sewage and wastes discharged, either directly or indirectly, into the City's sanitary sewage system, in such manner and by such method as it may deem practicable in the light of the conditions and attending circumstances of the case, in order to determine the proper charge. Extra charges based on the strength of the sewage and liquid wastes shall be made on the following basis: For suspended Solids in excess of 1.50 pounds for each '100 cubic feet of sewage and wastes, an addi- tional charge of $0.012 shall be made for each pound. For 5 day Biological Oxygen Demand in excess of 1.30 ,pounds for each 100 cubic feet of sewage and waste's, an additional charge of $0.009 shall be made ',for each pound. To determine the strength of the sewage and wastes, samplings and analysIIes may be made from time to time by the City. The determination of Suspended Solids and of 5 day Biological Oxygen Demand contained in the wastes shall be in accordance with the latest) copy of "Standard Methods of Water Analysis ", as written by the American Public Health Association and the American Waterworks' Association. E (j) For the service rendered to the City of South Bend, said City shall be subject to the same rates and charges here - inabove provided, or to charges and rates established in harmony therewith. (k) Such rates and charges shall be prepared and billed by the City of South Bend, and shall be collected in the manner provided by law and ordinance. The first billing may be for a period of more or less than one full month in order to make the monthly collection period correspond with the water meter readings of the City, depending upon the date on which the rates estab- lished by this Ordinance becomes effective. (1) The rates and charges may be billed to the tenant or tenants occupying the properties served, unless otherwise re- quested in writing by the owners, but such billings shall in no wise relieve the owner from liability in the event payment is not made as herein required. The owners of the property served, which are occupied by tenants, shall have the right to examine the collection records of the City for the purpose of determining whether such rates and charges have been paid by such tenants, provided that such examination shall be made at the office at which said records are kept and during the hours that such office is open for business. (m) 'Where a metered water supply is used for fire protec- tion as well as for other uses, the City may, in its discretion, make adjustments in the use charge as may be equitable. Section 2. Except as herein otherwise provided, the rates and charges fixed by this Ordinance shall become effective at the time sewage from the respective users is first directed to the sewage plant for treatment. These rates and charges shall be extended to and cover any additional premises thereafter served, without the necessity of any hearing or notice. Section 3. To provide for payment of interest on the sewage revenue bonds during the construction period of the sewage dis- posal works, rates and charges shall be collected from the owners of each and every lot, parcel of real estate or building that is connected with the City's sanitary sewage system or otherwise discharges sanitary sewage, industrial wastes, water or other liquids either directly or indirectly into the sanitary sewage system of the City of South Bend, which rates and charges during said construction period shall be payable in the amount and in the manner as follows: (a) The rates and charges during the construction period shall be fifty per cent (50 %). except that the minimum charge for each monthly billing during this period shall be fifty cents ($0.50). (b) The rates and charges during the construction period shall become effective on the day that actual work is commenced on the project, and shall remain in effect until full sewage service rates and charges are placed in effect. Section 4. The rates and charges established by this Ordinance.shall be collected by the City. The Board of Public Works and Safety shall make and enforce such by -laws and regula- tions as maybe deemed necessary for the safe, economical and efficient management of the City's sewage system, river crossing syphons and chambers, pumping stations and sewage treatment works, for the construction and use of house sewers and connections to the sewage system, and for the regulation, collection, rebating and refunding of such rates and charges. Section 5. In the event that a sewer connection is made from any lot, parcel of real estate or building, directly to one of the interceptors or to one of the interceptor extensions, construction of which is financed by the Sewage Works Revenue Bonds of 1954, thus precluding any assessment or charge against such lot., parcel of real estate or building for a local or lateral sewer, then, and in such case, a connection surcharge In the amount of One Hundred Dollars ($100.00) shall be levied 7 against said lot, parcel of real estate or building. The connec- tion surcharge set out herein shall be over and above any and all costs and charges for making the physical connection from the lot to the sewer. In the event the surcharge is not paid as required, 'such surcharge shall be collectable in the manner pro- vided by statute. Section 6. For the purpose of this Ordinance, the terms "sanitary sewage" and "industrial wastes" shall be defined as follows: (a) "Sanitary sewage" is hereby defined as the waste from water closets, urinals, lavatories, sinks, bath tubs, showers, household laundries, basement drains, garage floor drains, bars, soda fountains, cuspidors, refrigerator drips, drinking fountains, stable floor drains and all other water carried wastes except industrial wastes. (b) "Industrial wastes" are hereby defined as being the liquid waste or liquid borne wastes resulting from any commercial, manufacturing or industrial operation or process. Section 7. The Board of Public Works and Safety is hereby authorized'to prohibit dumping of wastes into the city sewage system which, in its discretion, are deemed harmful to the operation of the Sewage Disposal Works of said City. Section 8. This ordinance shall be in full force and effect from and after its passage and signing by the Mayor. 1st & 2nd PEA INS . —6F-c - Z/ U""'7EE OF THE WHOLE o`� eZ 3rd *EA.UjF NOT A' ?;taJNEO / REFERRED PAWED p'Z r A !� .S� 8